Rudy v. Myton
Superior Court of Pennsylvania
Appeal, No. 189, Oct. T., 1901, by defendants, from decree of C. P. Huntingdon Co., Sept. T.. 1901, No. 94, on bill in equity, in case of Henry Rudy, Matthew G. Rudy, Rebecca M. Rudy, Ida C. Rudy, S. G. Rudy, Isabella Steel and Anna May Weyer v. Benner R. Myton, Thomas F. Shipton and Mary P. Shipton. Bill in equity for an injunction.
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Appeal, No. 189, Oct. T., 1901, by defendants, from decree of C. P. Huntingdon Co., Sept. T.. 1901, No. 94, on bill in equity, in case of Henry Rudy, Matthew G. Rudy, Rebecca M. Rudy, Ida C. Rudy, S. G. Rudy, Isabella Steel and Anna May Weyer v. Benner R. Myton, Thomas F. Shipton and Mary P. Shipton. Bill in equity for an injunction. The bill set forth: That on the lands of Myton is a.mever failing spring of water, with two openings, one of which is walled up, that the water of the walled up opening is carried down in pipes past plaintiffs’ house ; that plaintiffs claim they are entitled…
1Opinion of the Court
Opinión by
Rice, P. J.,
' The very important if not the controlling questions, namely, whether what is called the walled spring and what is called the unwalled spring are in reality but a single spring with two ppenings, and whether the effect of introducing a pipe sufficient to drain the latter will also drain the former, ¿ire ques-ions of fact upon which a difference of opinion was • expressed, by the witnesses. It was stated on the argument thafthe case would soon be tried; and for aught we know, it has since been tried.. But whether it has or not, it is not claimed that the pendency.of this…
2Cases cited1 opinion
- Appeals of Sheaffer & HeckscherSupreme Court of Pennsylvania · 1882